A court has stopped the Asset Recovery Agency from releasing a Sh17 million worth of a car in a dispute over its auction.
This is after a businessman who had won a bid to purchase the car from ARA moved to court to oppose plans by the state agency to shortchange him.
“It is hereby ordered that pending the inter partes hearing of this application, a temporary injunction be and is hereby issued restraining the 1st respondent, whether by itself, its officers, servants, agents, or any other person acting under its authority, from releasing, transferring, disposing of, alienating or in any manner dealing with the Bentley Continental GT, being chassis number SCBCC1356KC072476 to any person or any entity other than the applicant,” Lucy Njora directed.
The matter will be heard on July 10 before Justice Ole Keiwua. The businessman accused Asset Recovery Agency (ARA) of failing to release the high-end vehicle that he bought through action on June 18.
The vehicle, registration number KCU 966C was recovered from businessman Jared Otieno after the High Court declared that it was a proceed of crime.
ARA had last month, through an auction catalogue reference number ARA/PA/002/2024-2025, advertised that it was selling forfeited assets by public auction and the successful buyers had to pay the mandatory 25 percent deposit and clear the balance within a period of 14 days.
The proprietor of Rytan Car Dealership and Leasing Limited, said he immediately paid Sh4.25 million and subsequently completed successive payments totaling Sh17,000,000, satisfying the full purchase price.
He added that despite full compliance with all auction terms, he was not issued the vehicle when he went to pick it on June 24 nor was he given any satisfactory explanation.
“Instead, I was belatedly presented with a letter dated June 19, 2025 that contained a fictitious ID number and a phone number that does not belong to me. Such a delay, holding out essential communication for six days, strongly suggests a deliberate long‑con designed to mislead,” he said.
The acting Director General of the ARA Mark Ogonji stated that the businessman had forfeited his chance to purchase the said motor vehicle by his failure to pay a deposit of 25 percent of the purchase price at-the-fall of the hammer.
“This is to notify you that your bid dated Wednesday 18th June 2024 for the purchase of the above-mentioned motor vehicle and at an offer price of Kenya Shillings Seventeen million (Ksh17,000,000.00) has been cancelled by the Asset Recovery Agency on account of non-compliance with the Clause 7 of the Conditions of Auction,” Ogonji wrote.
The businessman then issued a formal demand letter through his lawyers to ARA on June 24, demanding immediate handover of the vehicle.
The agency tried to release the car to a second bidder in the auction prompting Kasaine to move to court. Despite the existence of valid court orders, reports indicate that ARA intends to release the vehicle to the second‑highest bidder.
“This narrative lays bare ARA’s ongoing pattern of delay, obstruction, and apparent collusion not only undermining the integrity of the auction process but also raising serious legal and ethical concerns,” the businessman said.
This is not the first time some actions by ARA have been questioned.
In July 2023, Justice (Prof.) Nixon Sifuna warned that prosecutorial and recovery agencies should be transparent in their actions and their motions should not be question-begging and inviting scrutiny.
He also lashed out ARA for withdrawing cases and termed the trend ‘notorious’ and wanting in transparency. He warned that withdrawal of cases midstream betrays and erodes public trust that Kenyans should have in them.
“The bodies entrusted with the duty to fight corruption, economic crimes, organized crime, and similar vices (including money laundering) should not abdicate their divine duty or become complicit in such vices,” the judge said.
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